it is on the constitutionality of proposition 8. the judge will issue his ruling. of course, we'll have reaction later on but we are going to preview what the judge has been looking at and what could happen after that ruling. >> also, bp saying it has its desired outcome. so we'll follow that. and john, you take this one. >> i'm pregnant. we are going to get married. no, we aren't. yes, we are. no, we aren't. >> there is something about a music video that she was upset about. the fact that he may have fathered another child and all that. >> really? >> there's a lot going on. >> we are talking about bristol palin and levi johnston. >> we're talking about you! [ laughter ] >> no, not that many skeletons in my closet. >> amtrak had a derailment yesterday. >> it was a bad derailment. train service was suspended for a while in the east bay. we got a call early this morning. amtrak capitol corridor service is back on time for the morning

commute. but yes, check out this video from yesterday. service was delayed in the east bay around 34th street in oakland a mile from the emeryville station. no one was hurt. but service in the area was suspended for several hours. again, this morning, capitol corridor service back on time. on the roads we're off to a nice quiet start at the bay bridge toll plaza, no delays. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. forecast for this morning, still got some clouds out there we are dealing with for the first half of the day. dense fog and drizzle for the coast. drizzle for the bay. and area of low clouds moving inland for the morning. for the afternoon, we're cooling down. yesterday's highs near 90. today mid-80s. mid-60s at the bay, lower 60s for the coast. cooler temperatures in the forecast thursday, friday, saturday, sunday, monday and tuesday. they continue to cool down inland as we move toward the middle of next weeks. that's a look at your weather. back up to you.

>> thank you. the decision is on same-sex marriage in california, will a federal judge uphold or overturn the voter-approved ban known as proposition 8? anne makovec is in san francisco where the judge is expected to reveal his ruling this afternoon. anne. >> reporter: that's right. sometime between 1:00 and 3:00 this afternoon. and people have been waiting for this decision for months. either way, it is going to be an historic decision. now, specifically, the judge is looking at whether or not the state's ban on same-sex marriage violates the u.s. constitution. same-sex couples, two of them, including one from berkeley, sued in federal court on grounds that prop 8 violates their equal protection rights saying that their hopes for marriage were dashed when voters overturned the state supreme court ruling from 2008 that briefly legalized same-sex marriage. the 13-day trial featured testimony from gay couples and those on the other side who argue the state has an interest in traditional marriage for the sake of families and children. here's how lawyers on both

sides summarized their cases back in january. >> it involves the most basic civil right for a large number of our citizens that have suffered discrimination not only for decades but for centuries. and now i think we are on the cusp of putting behind us as a country that discrimination. >> a same-sex couple can never offer a child both a mother and a father, and that is a reasonable reason for the people to decide to continue to keep marriage as a union between a man and a woman. >> reporter: and here's the man making the decision, u.s. district court judge vaughn walker. he is a republican appointee. he is also a gay man who has been open about that, but neither side believes his sexual orientation will affect his decision. there is no doubt that his

decision will be appealed, whichever way, and likely end up end up at the u.s. supreme court. >> thank you, anne makovec in san francisco. anne, thanks so much. again, the ruling is expected this afternoon between 1:00 and 3:00. we will have coverage when the ruling comes down on cbs 5 and on cbs5.com. and we'll have reaction from both sides. the san jose police bomb squad has just finished searching an apartment in the city's blossom hill area. police evacuated several nearby homes last night. that after a man called to say his roommate has an explosive device. the caller's roommate is being questioned. most of the evacuees have been allowed back to their homes and san jose police aren't telling us what they found in the apartment. negotiators for san jose and its firefighters will meet this afternoon to discuss the union's latest proposal. today's meeting comes just days after 49 firefighters were laid off. the union's new offer includes

a two-tiered pay structure in which benefits would different for newly hired firefighters but the pay reduction offer remains at 5.25%, far short of the 10% that mayor chuck reed and other leaders have asked of all city employees. time now 5:05. san jose voters will decide in november whether to limit the role of outside arbitrators in labor disputes involving firefighters and police officers. it's one of three ballot measures approved by the city council yesterday. another november measure would give the city council more flexibility to make changes in city workers' pension plans. those measures are aimed at controlling spending. the third ballot measure is meant to generate revenue for the city, a 10% tax on medical marijuana. but councilmembers unanimously ee rejected a fourth proposed ballot measure, a quarter cent increase in the city's sales tax. the state has fined a los altos nursing home $100,000 in connection with the death of a

resident. the department of public health says pilgrim haven health facility was negligent in the december death of an 85- year-old man who had dementia. investigators say the man had a history of falling and when a staff member found him on the floor that day, the man claimed he did not hit his head. but he died of head injuries at a hospital the next day. official plan to appeal. no danger to the public. so there was no shelter in place issued after a spill at the valero refinery in benicia. it happened late yesterday afternoon. it was a sulfuric acid leak described as small. two contract workers were just slightly injured. a sacramento area man spent more than 12 hours tied up in his home following a home invasion robbery. the elk grove man was finally freed last night after a neighbor heard him crying for help. he was apparently okay. he is 58. he was tied up yesterday

morning when two or three armed men invaded him home. they stole his 2005 corvette. it's white, has a red interior and custom rims. license number, 5nkj166. all right. time now 507. a series of hit-and-run collisions in danville. the suspect the brother of nate schierholtz from the san francisco giants. coming up, what the giants outfielder is saying about his brother. also, that busted oil well in the gulf appears to be what they call static. we'll tell you what bp says about stopping the leak for good. support him in ,,,,,,,,

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peninsula. traffic moving well through palette but if you are headings down morgan hill we have two lanes blocked. more detailss crip. nate 23-year-old cainan schierholtz was arrested sunday morning in danville in jail for injuring four people in a car accident. his brother nate schierholtz from the san francisco giants, he says his actions are irresponsible. bp says the desired outcome has been reached in the gulf of mexico. the static kill is working according to the company. bp pumped mud into the blown- out well and said the mud is holding the oil down. now they are trying to decide whether to add cement. the government says it will require bp to continue drilling relief wells even if bp doesn't

think that they are actually necessary. new full body scanners are now in use in oakland international airport. they can pinpoint hidden explosives and other contraband. the body scanners will be in terminal one. that serves alaska, delta, jetblue among other airlines. passengers who opt out of being scanned will have to be patted down. >> so that leads to our question of the day. when you were at the airport, hey, what do you prefer? would you like to be body scanned or patted down? >> who's doing the patting? >> what can they see in a body scan? >> they are supposed to be separated in a room so never see the real person. >> okay. send your responses to mornings@cbs5.com. we are also on facebook and twitter. so we definitely look forward to your responses. i'm sure your a lot of them.

and we'll pipe in as well with ours. so it is august. and tracy... >> yes? i'm here. >> going to col down, huh? >> yes. it's going to cool down in august. you know? what' up with that? it should be warming up in august. no, not necessarily. we'll have your temperatures on the way. ,,,,

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morgan hill our problem spot so far, southbound 101 approaching cochran. a pickup truck turned over several times landed up right. there is debris scattered all over the road. two lanes are blocked. chp is out there. traffic is so light, it's in the causing huge delays so far if you commuting through morgan hill up towards san jose. at the bay bridge, nice and quiet, nice and light. no metering lights. really no delay on the upper deck. they wrapped up all that construction by 5:00. across the golden gate bridge, we just saw them do the lane changes so it's still looking good across the span2. 2 minutes is your drive time between -- 22 minutes is your drive team between novato and san drive time. towards morgan hill, two lanes

are blocked for the next little bit. mass transit is all on time although we are hearing about some slight delays with ace train number 1. watch out for that. sounds like maybe 5 to 10 minutes behind schedule. remember our radio partners, kcbs 740-am and 106.9-fm. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. we also have constant weather updates on kcbs radio. and here's a look outside towards the transamerica building and i'll give you an update: cloudy skies, fog moving into the bay again this morning and drizzle in the forecast for the coast and the bay. here's a look at our daily planner. this is what we're expecting. foggy conditions for the coast, the bay and inland for this morning as you head out the door. for this afternoon, more sunshine but not as warm today. what? temperatures continue to go down? yeah. yesterday topping off near 90 degrees. today in the mid-80s. mix of sun and clouds around the bay with a temperature near 70 degrees. and lingering clouds and areas of fog, cool temperatures for

the coastline. so we are cooling down again. we'll take a look at yesterday's highs. livermore 91. santa rosa in the north bay 81. san jose down in the south bay 79. san francisco 63. 82 today in livermore. 74 in santa rosa. 75 in san jose and 61 in san francisco. so anywhere from 2 to 4 to up to 9 degrees cooler than yesterday's daytime highs. here's a look at some locations across the bay area. those cooler temperatures. 73 in sunnyvale, 70 in mountain view, 70 degrees in loss allege toes, 77 in cupertino, and just near 60 degrees along the coastline. moving to the other end of the bay, the other side, temperatures near 70 degrees in hayward, union city and fremont. moving out to the east bay hills, yesterday, enjoying temperatures near 90. today the mid-80s in antioch and in brentwood. 80 in danville, 77 in pleasant hill, 72 in walnut creek, lower 60s in berkeley and the mid-60s in oakland. here's a look at the north bay, temperatures today in the mid-

70s. yesterday near 80, today mid- 70s. lower 70s in san rafael, lower 60s in sausalito and san francisco, barely getting out of the 50s. see what gives? well, we have a low pressure system so that's cooling us down. and it's sticking around. it likes the bay area. you know, the sights, the -- things to see, the sea lions down at pier 39. it will remain below normal through tuesday. that's a look at your weather. back up to you. >> thank you. here's a look at some of the stories we're following this morning. a federal judge has reached his decision on same-sex marriage in california. the judge plans to release his ruling on prop 8 this afternoon between 1:00 and 3:00 and whatever the outcome, an appeal is expected at the u.s. supreme court. negotiators for san jose and the city's firefighters will meet this afternoon to discuss the union's latest proposal. today's meeting comes just days after 49 firefighters were laid

off. the union's pay reduction offer remains at 5.25%, far short of the 10% mayor reed has urged from all city employees. and the static kill appears to be working on the broken oil well in the gulf of mexico. bp has plugged the well with heavy mud. now it's deciding whether to add cement to the mix. government scientists say three- quarters of the oil spilled has been cleaned up or has broken down. 5:19. aretha franklin is recover after falling over the weekend. the queen of soul was forced to cancel a pair of shows in new york city. she had slipped in the bathtub on sunday. these are obviously some pictures taken earlier. we don't have the actual video. [ pause ] >> it would be on youtube if they did. the 68-year-old broke a couple of ribs and reportedly is suffering from abdominal pain. she is currently undergoing some tests and her representatives are telling us that they hope the singer can

make up the concert dates later on this month. >> wow. all right. it is 5:19. it wasn't long ago when bristol palin and levi johnston announced their engagement. they are announcing something else now. we'll tell you what bristol says was the final straw. after getting engaged. ,,,,,,,,,,,,

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come on in, and i'll give you a free quote. quote and compare in about 8 minutes. now, that's progressive. call or click today. here's a look at some of our bay area cities today and the forecasted highs. 68 in san mateo with plenty of sunshine. 70 degrees in palo alto. 72 in fremont. 73 in sunnyvale. and 75 degrees in san jose. today's temperatures are cooler than yesterday. we'll take a look at more bay area cool temperatures coming up. >> tracy, we should have you up here for an audition the dirt here on bristol palin and levi johnston. >> i know. that's crazy. >> they have broken up again just weeks after getting engaged. bristol calling it off after learning levi may have gotten his ex-girlfriend pregnant. but we are hearing she is denying that's the father. but the final straw, they say,

bristol says it was when levi told her he was going to hollywood to see a hunting show and he was really making a movie that pokes fun at the palin family. bristol says levi is obsessed with the limelight and that she got "played." happy birthday, mr. president. president obama is turning 49 today. but he is home alone. first lady michelle obama has taken their youngest daughter sasha to spain. the other daughter malia is away at summer camp. >> oh, man. can you imagine malia, i'm in summer camp and sasha gets to go to spain? >> and dad's home alone. the president hasn't shied away from talking about his birthday. his hair is grayer, his metabolism is slowing down. tonight he will have a birthday celebration dinner with some friends. tonight the northern skies will be filled with a light show.

two days ago there was a massive eruption on the sun. scientists call it a coronal mass ejection. >> my. >> let me say that again. coronal mass ejection. it's when highly charged particles reach the earth's magnetic field. they light up in sheets of green and red. it's the northern lights. [ laughter ] >> yeah, last night people across the northern states actually caught the show. but people in canada and alaska were lucky enough to get the best view. got a baby boom at the los angeles zoo. getting the first look at two baby black neck swans. they were born last month. hm. >> they're cute. we've fox. they were born two months ago. maybe harder to catch a glimpse of the newborns though. the nocturnal foxes spen much

of their time underground. they're cute. 5:25. 35 days and counting and still nothing. coming up, the new plan proposed for a state budget. i'm tara mergener in washington. efforts to kill the broken well in the gulf for good are now under way. the latest coming up. and an historic decision expected today on california's prop 8. we spoke with an expert who thinks the prop will be overturned. we'll tell you why and what could be next. coming up. ,,,,,,,,

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good morning... it's wednesday the fourth of august. your realtime captioner is linda marie macdonald. caption colorado, l.l.c. a view from high atop world headquarters of cbs 5 at battery and broadway looking at the bay bridge this morning, a little haze and fog. we have the forecast coming up. good morning. it's wednesday, the 4th of august. >> good morning to you, i'm juliette goodrich in for sydnie kohara. she is off today. obviously. [ laughter ] >> let's check in with elizabeth and get a look at our commute this morning. hi. >> hey, guys. not a whole lot going on. usual congestion on highway 4 but nothing too bad. speeds 50 miles an hour from a street to loveridge. so usually around this time we see those yellows popping up on our sensors. 880 through oakland outside looks great no issues near the coliseum and all the way

newspaper downtown so 880 is a good freeway. 101 through morgan hill was our problem spot. there was an accident just after 4:30 involving a public truck that flipped over several times. debris scattered all over the roadway. chp cleaned it up and as of five minutes ago, all lanes are open now on southbound 101 approaching cochran. so good to go towards the south bay. that's a check of your traffic. here's tracy with your forecast. hey, thanks, elizabeth. cooler? >> did she say cooler? >> she is supposed to say warminger. no, i'm just telling you what's going on. we got cooler conditions in the forecast today. lower 60s in san francisco, near 80 in san jose yesterday today only the 70s also in santa clara. mid-60s in oakland. 85 in antioch near 90 yesterday. yesterday santa rosa and sonoma near 80. today the mid-70s. so let's look at the seven-day forecast: we are cooling down

today. what about the rest of the week? well, we will remain cooler than average. we'll take those below normal temperatures into the weekend and next week. we'll take a look at more of your forecast in just a few moments. back to you. >> thank you. sometime this afternoon, between 1:00 and 3:00, we are going to learn what a federal judge thinks of california's ban on same-sex marriage. he may accept it or reject it. anne makovec is in san francisco where the decision on prop 8 has been made. hi, anne. >> reporter: such an historic decision this morning, john. a lot of people wondering if the floodgates are going to be re-opened after the decision allowing more same-sex marriages here in california. but that is up for debate because there's another appeal already pending. we'll get to that in a minute. here's the background on the case. in may of 2008, the state supreme court overturned california's ban on same-sex

marriage. then november 2008, voters officially passed proposition 8 defining marriage as between a man and a woman. and that set the stage for this federal lawsuit. the trial started in january. the plaintiffs, two same-sex couples who say their constitutional rights were violated by the ban, researchers testified that sexual orientation doesn't affect a couple's ability to be good parents and that marriage has a history of changing with the times. prop 8 supporters offered testimony that male-female relationships are in the best interests of the state because they can have children and children should have a father and mother. >> i would be very surprised based upon what i saw of the trial and based upon what i saw of the interrer action of judge walker, particularly in the closing arguments of the lawyers, if judge walker did not say that it's a violation of the 14th amendment for equal protection to not allow gay

people to marry. >> reporter: now it's important because both sides have already said that they will appeal regardless of how judge walker rules. first to a federal appeals court here in san francisco, and then to the u.s. supreme court. now, prop 8 backers late yesterday already filed a motion asking the judge if he decides to overturn the ban to stay that ruling so that the floodgates are not opened so that same-sex couples are not able to immediately begin confusion because it could cause confusion if that side wins on appeal so that is going to be very interesting depending on if he is going to rule on that motion as well today because in theory, people could be getting married very, very soon if the ban is overturned. >> anne, thank you. anne makovec in san francisco. that ruling again is expected this afternoon between 1:00 and 3:00. we will have coverage when the ruling comes down both on cbs 5 and cbs5.com. and we will of course get some

reaction from both sides. it's 5:33. the federal government is now looking into oakland's decision to allow large-scale facilities for growing medical marijuana. according to the tribune, the drug enforcement administration now wants copies of the ordinance and the timeline for the plan. there's been some discussion about whether oakland's plan violates current california law. medical marijuana is not legal under federal law. but attorney general eric holder has said individuals who use medical marijuana are a low priority. it is 5:34 now. san jose voters will decide in november whether to limit the role of outside arbitrators in labor disputes involving firefighters and police officers. it is one of three ballot measures approved by the city council yesterday. another november measure would give the city council more flexibility to make changes in city workers' pension plans. those measures are aimed at

controlling spending. the third ballot measure is meant to generate revenue for the city a 10% tax on medical marijuana. but councilmembers unanimously rejected a fourth proposed ballot measure. a quarter cent increase in the city's sales tax. santa clara-based intel has settled an antitrust lawsuit. the federal trade commission has sued the semiconductor giant accusing intel of bullying computer makers into avoiding rival company chips. the company was also accused of sabotaging attempts by other chipmakers to get their chips to work with intel's. cross-valley rival advanced microdevices has been among intel's most vocal critics on this issue. the ftc has a news conference scheduled this morning. also, there is a new budget plan that's proposed in sacramento. it comes from democrats at the state capital. republicans are rejecting it. the proposal would reduce the sales tax in california but it would increase the vehicle license fee and personal income

taxes in nearly all brackets. democratic leaders say that would save taxpayers money. but republicans say the plan rejects sensible spending cuts and would actually hurt the middle class. california is now in its 35th day without a budget. it's 5:36. investigators in san jose are trying to track down some animal killers. three decapitated goats were found just outside an entrance to alum rock park. the goats' bodies had been stuffed into boxes, and their severed heads were nearby. animal control now trying to figure out a motive. >> we are trying to figure out if it was some sort of ritual or someone just really wanted to do harm towards an animal. >> right now investigators are hoping that someone driving or jogging around alum rock might have seen something unusual going on. it was a rare heart condition that caused an 11- year-old boy to collapse and

die at football practice. andrew lamphere was from el dorado county in the sierra foothills. he collapsed monday in front his teammates, coach and father. the heart ailment was previously undiagnosed. it involves a thickening of the heart muscle that makes pumping blood difficult. lamphere is remembered as someone who is very giving. he was growing out his hair so he could cut it for locks of love. that's a group that makes hairpieces for kids whose medical treatments leave them bald. positive news on two fronts about the gulf oil spill. most of the oil is apparently gone. as tara mergene reports, the static kill operation appears to be working. >> reporter: it's at a critical point. crews have stopped pumping mud into the ruptured well as the flow of oil is being held back. engineers will now continue to monitor the well's condition and determine whether more mud is needed. bp began the procedure tuesday

in hopes of sealing the well for good. on board the ship where crews were carrying out the static kill, a bp official sounded optimistic. >> all i can say is so far it's looking good and things are going the way we want them to. >> reporter: it may take several days before officials know for sure whether the operation is working. bp said it may no longer need relief wells if the static kill is successful, but the government's man in charge of the disaster made it clear tuesday, those wells will be completed. >> there should be noambiguities about that. i'm the national incident commander and that's the way this will end with the relief wells being drilled. >> reporter: the government says the vast majority of the oil spilled into the gulf is gone. federal officials will report that three-quarters of the crude has already evaporated, dispersed or been captured and the rest doesn't post much harm. people aren't convinceed.

>> yesterday we had tar balls in significant quantities washing ashore in grand isle. >> reporter: they fear what's left of the spill may continue to wash ashore for months to come. in washington, tara mergener for cbs 5. opening statements will start in just a few hours in the anna nicole smith trial. today prosecutors are expected to argue two doctors and smith's boyfriend gave her opiates and sedatives during the last years of her life. all three pled not guilty and the trial will take place in los angeles. a suit will probably be filed today to keep a mosque away from ground zero in new york city. the city's landmark preservation commission has decided this building is not a landmark worth preserving. that decision paves the way for it to be torn down and a 15 story islamic center and mosque is planned in its place. the site is about two blocks from where the world trade center towers stood until the 9/11 attacks. and there is word from iran

of a close call for that country's president. a conservative website reports a hand made grenade exploded today near president mahmoud ahmadinejad's convoy in western iran. the president not hurt and a short time later delivered this speech that was broadcast live on state television. 5:40 now. america knows it has a problem but can't seem to do figure about it. >> tell you how many americans are now officially obese. and apparently, headless. [ laughter ] >> and the soaring price tag for all of us that comes along with all that extra weight. ,,,,,,,,,,

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a foot race the jpmorgan going on in san francisco. they are shutting down part of embarcadero beginning from 6:30 to 8:00 p.m. if you are commuting into san francisco this morning. that's what's going on to be going on for your evening commute home. the bay bridge, no delays, traffic nice an light looking good all morning long haven't had any issues. same thing across the san mateo bridge but wow, you can't see traffic hardly at all. this kind of black hole is where westbound 92 traffic is making its way towards the peninsula. no impact on your drive times. still 13 minutes. i'll step out of the way so you can see that. 13 minutes between hayward and 101. and same thing coming off the high-rise. those headlights traveling towards hayward looking good in all lanes across the span. out towards -- here's 101 in palo alto. along the peninsula, we have been relatively problem-free. we had that one accident in morgan hill blocking some southbound lanes near cochran. that's completely gone and as you can see near palo alto,

cars are zipping on by. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. so our forecast for this morning, we had to find something that looked like sunshine was on the way so we started out in our mount vaca cam. you can see plenty of clouds there. sunrise coming after 6:00 a.m. our daily planner, we are expecting cloudy skies. we are areas of drizzle for the bay and coast. yesterday lower 90s, today only mid-80s. along the coast, minimal sunshine expected a whole lot of clouds. it's going to be cool. yesterday 91 in livermore, 81 santa rosa, 79 in san jose, 63 in san francisco. take a look at today's highs.

82 in livermore, almost 10 degrees cooler. 7 degrees cooler in santa rosa. 4 degrees cooler in san jose. and 2 degrees cooler in san francisco. so for those of you along the coastline another day with plenty of clouds expected. did have some breaks of sunshine yesterday but not so much today. just near 60 degrees as highs in daly city, pacifica and half moon bay. moving inland yesterday the mid- to upper 70s. today the lower 70s in mountain view and sunnyvale. 57 in san jose. were you near 80 yesterday. 84 -- you were near 80 yesterday. 84 today in san jose. across the east bay hills i'm sure you guys are loving this weather because you don't have 90s. you have 80s. 80 danville. 82 livermore. north bay, mid-70s in napa, sonoma and santa rosa. lower 70s in novato. and the closer to the bay, i'm not loving it the lower 60s in san francisco and sausalito. we should be closer to 70 this

time of the year. where are my 70s? are they anywhere in sight? take a look at the seven-day forecast. and no, they are not. low pressure system off the coastline will keep us unseasonably cool and we will remain below average friday, saturday, sunday monday and tuesday. this afternoon the as take on the kansas city royals and it will be rootbeer float day. conditions in the mid-60s. if you have a ticket it the game, you can come to this event free, kim, dennis, lawrence karnow, sharon chin, and i'll be doing weather live later on today so i'm excited about that. that's a look at your weather. back up to you. >> double scoop it, too. >> yeah, baby! >> thank you, tracy. in the headlines, a federal judge in san francisco has reached his decision on proposition 8. this afternoon, he is going to reveal the ruling on same-sex marriage in california. whichever way it goes, it is expected to be appealed. new idea of the state budget from the democrats. it's getting a cold response

from the republicans. the democrats want to lower california sales tax and increase income taxes for most brackets. the governor's office says any tax increase proposal is dead on arrival. bp calling it a milestone. the mud pushed down its troublesome well, appears to be holding back the oil. scientists say three-quarters of the oil spilled has been cleaned up or broken down. 5:47 now. the nation's obesity epidemic is worse. in two years nearly 2.5 million more americans are tipping the scales in a big way. joe vazquez weighs the costs. reporter: boy, oh, boy, the bad news is big. big as in bellies. >> i think it just has to do with the diet that we have here in america. >> i think laziness. it's the american way. >> reporter: a new federal report reveals roughly 27% of all americans, that's nearly one in three adults, is now

obese. compare that to a decade ago when only one in five was fat. >> it's not good news. and it reflects big changes that have happened, you know, culturally in terms of how we grow our food and the amount of exercise and all of that, that we don't get because of technology. >> reporter: those most at risk, minorities and adults who did not graduate from high school. at one point there was hope the trend would go the other direction. back in 2001 the u.s. surgeon general issued a public health challenge that by 2010, this year, no more than 15% of americans would be obese. not a single state, not even california, has met that goal. obesity, of course, is a major public health problem. it leads to heart disease, stroke, type 2 diabetes and certain cancers. these diseases cost nearly $150 billion a year in direct medical costs. >> obesity rates going up, i don't know how to change it. >> reporter: federal health officials say there are six

things we can all do immediately to reduce or prevent obesity. get up and move. eat more fruits and vegetables. spent less time in front of tv and computer. cut down on high cal try snacks. cut out the sugary drinks. >> you should go out there and exercise, do something. >> reporter: in addition, they say communities, businesses and schools should jump on board and adopt policies that promote biking, walking, and healthier eating. joe vazquez, cbs 5. >> it is 5:49. >> yeah. if you are planning a family vacation to see mickey mouse and the gang, you better save up more money. >> take out a second mortgage. coming up next, how much more it's going to set you back to get into the happiest place on earth. confiscated on the west coast...

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the feds are calling it the biges haul of counterfeit goods confiscated on the west coast and it happened in san francisco at one of the prime tourist shopping areas. >> there are some of the goods. >> they confiscated boxes. [ laughter ] >> yeah. lots of purses, suitcases. federal agencies announced a seizure of more than $200,000 of retail items. you are looking at video of one of eight raids staged at shops around fisherman's wharf and merchants are accused of selling counterfeit designer purses, belt buckles, jeans and glasses. and if it was real, it would be worth about $100 million.

>> challenge posed by counterfeiters is very serious but equally serious about combatting counterfeiting. >> 11 people were arrested and they face up to 20 years in prison if convicted. what's so funny? >> did really go to fisherman's wharf to buy your louis vuitton bag? >> that was cute. >> the people who buy them were okay, were in the clear but it was just the counterfeiters who were arrested. >> we are in the clear. >> anne makovec said in a report yesterday the message is we should feel very embarrassed for walking around with counterfeit goods. >> if you get caught. >> it takes an expert to tell difference. >> sometimes the tags are like falling off like the label? kind of you know -- >> the v is upside-down. >> very embarrassing. >> very embarrassing. [ laughter ] it may cost more to visit

the happiest place on earth. disneyland is hiking its prices. >> what? >> we were just talking about this. even a two-day adventure anywhere you're in for a couple grand. >> a one-day ticket is $76. you better enjoy this, kids. >> that's a lot of money. the park hopper tickets gives visitors access to disneyland and california adventure, they will go from $97 to 101. a $4 hike. all part of a yearly increase. the cost of annual passes and parking will go up, as well. new full body scanners are now in use at oakland international airport. the scanners will be in terminal one, which service alaska, delta and jetblue among other airlines. passengers who opt out of being scanned will actually have to be patted down. >> that brings us to our question of the day. when you're at the airport, do you prefer to body scanned or patted down? ...

wr keep your hands off! and johann e- mails us... he >> when you go through the scanner -- >> they are supposedly in a little room. they don't see the live person. they are in a little room and they just are checking the screen in front of them. however, you know, the argument against it is they are rather revealing. >> i would like to see a schematic or visual of what they say. hope you have offer body can they say? >> so do you want them to see

your privates or touch them? >> just saying. >> packing a gun? >> i prefer the scan. >> when we travel with our kids, probably whatever is the quickest. >> quickest and easiest. we're like -- [ laughter ] >> all right. let's check highway 4. we are see brake lights already through antioch. 25 miles per hour some speeds slow going that's what those red sensors mean right there. also, just got word of an accident in oakley on highway 4 bypass near laurel. it is partially blocking the left lane. slow traffic out of the altamont pass. and we have an accident now at grant line. it is on the right shoulder but may cause a little extra spectator slowing. but our bright spot the golden gate bridge looking good this morning coming out of marin. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. >> not a bright spot but how about a cooler spot? it's going to be cooler across the bay area. falling from the 90s to the mid- 80s. mid-60s around the bay and

essentially the 50s for the coastline. won't be able to squeeze out too much sunshine for you guys along the coast today or for much of the week. thursday, friday, saturday, sunday monday and tuesday. yeah, we continue to cool down with temperatures below average. a corporate challenge on piers 30 and 32 this evening, if you are thinking about rooting on people or are participating, the upper 50s. >> good running weather. >> i'm tired just looking athe that. [ laughter ] coming up in the next half hour, it's back to school time. >> cnet's brian tong jones us with the hottest back-to-cool apps the ones parents may want to try out for themselves. director: bruce ( chirping, music )

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